Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Licensee: Rakyat Berjaya Sdn. Bhd. Contractor: Beta Bumi Sdn. Bhd. Evelyn Nina Jock (RBJ) Chin Coon Khiong (Camp Manager) Rakyat Berjaya Sdn. Bhd. Mekaran Road, P.O.Box 1437, Sandakan, Sabah. Beta Bumi: Ground Floor, Lot 6, Block 4, Bandar Indah, Mile 4, Jalan Utara, P. O. Box 2848, Sandakan, Sabah. Reference # G Date of Report Date of close out Telephone Fax 22/07/ (RBJ) (BB) (RBJ) imbak.al@maxland.com.my Approved By Dr. Kevin T. Grace Statements Audit Statement Non-Compliance to Criteria 2.2 & 3.1 Issuance Date NA Expiration Date NA Assessment Dates July 2018 Assessment Details Scope of Assessment TLAS Principles 1-4; FMU 16 (SFMLA 09/97) Coupe Licenses: (SDK 06/13; SDK 02/14; SDK 04/14; SDK 01/14; SDK 06/14; SDK 05/15) Species Lead Assessor Assessor(s) FDS Staff Mixed species from NFM area and ITP area (mosaic planting area) Walter Marcus Lai Jia Woei Sofiean Mohd. Saibi (DFO Tongod), Richard Madanan (ADFO Tongod), Rosman Mejan (PPD Tongod), Kim Ann (PPD Tongod), James Torimo (PPD Tongod), Eric Gimputu (PPD Tongod), Herry S. (PPD Tongod). OBJECTIVES: The objective of this checklist is to verify compliance to the Criteria listed in the Sabah Legality Standard as defined by Principles 1-4 for Sabah dated 01 st January 2015 (FDS-TLAS-002). Compliance is defined when all applicable criteria are observed to be compliant. A Minor Gap to any indicator does not constitute non-compliance to a criterion. A Major Gap to any applicable indicator does reflect non-compliance to a criterion. Compliance for a criterion where multiple minor gaps are identified in indicators under the criterion may reflect non-compliance to the criterion. All issues identified under this standard shall be considered appropriate to the scale and degree of forestry operations undertaken by the parties under the agreement. 1

2 Overview of Licensee: Summary Information Generally, FMU16 is licensed to Yayasan Sabah under the Sustainable Forest Management License Agreement (SFMLA) 09/97. Rakyat Berjaya Sdn. Bhd. (RBJ), a wholly owned subsidiary of Yayasan Sabah is assigned to manage and conduct all commercial forestry operations within the licensed area. About 20,151ha within FMU 16 is allocated for intensive forest rehabilitation, following the mosaic planting approach that integrates with natural forest management and forest plantation. A sub-forest Management Plan (also defined as Plantation Development Plan) is submitted by RBJ to the Forestry Department of Sabah (FDS) in reference to the project area. The plan outlines the development and implementation plan for the project area of 10 years (April 2013 March 2023). Beta Bumi Sdn. Bhd. (subsidiary company of Maxland Sdn. Bhd.) was appointed by RBJ as the contractor to undertake the task of developing the project area. Maxland is certified by SIRIM QAS for implementing a Quality Management System in their forest harvesting, grading and hauling operations. The previous assessment was conducted in July 2017 that resulted in 1 Minor and 1 observation (Report #: G ). Land use classification: Land classification FMP Area (ha) Intensive Tree Planting (Mosaic) Total Area a) Planted Area (50%) b) Natural Stand (50%) 15,940 7,970 7,970 Natural Forest Management (NFM) 4,211 Total Area 20,151 Status of Operations: A total of 15,940 ha are earmarked for mosaic planting. Area for mosaic is planned yearly based on approval. To date, a total of 7,970 ha had been planted which is the area permitted. NFM logging is planned in AWP, however Beta Bumi is currently focusing on salvage logging (site preparation) in Mosaic areas. Environmental Context: FMU 16 has been heavily logged several times over the past 30 years, during the 70 s, 80 s and 90 s. Since RBJ received the forest license, the area has been proactively logged using conventional techniques, however there have been trials and researches in regards to Reduced Impact Logging. Training has also been undertaken on SFM and helicopter logging. Although severely degraded, the area has a high variety of animals such as wild boar, macaques, and samba deer of which are considered rare or threatened. Birdlife is also high as six out of the eight species of hornbill found in Sabah are found in FMU 16. The mosaic planting area shares a common boundary with Buffer Zone 1 of the Maliau Basin Conservation Area (MBCA) and also located in Buffer Zone 2 of MBCA. Existing EIA report Rakyat Berjaya Sdn. Bhd. has two approved EIA which covered the project area (refer to 1.3.1) 2

3 Social Context: FDS-YS FMP Team and Kiwiheng Wood & Environmental Consultants Sdn. Bhd. carried out the Social Baseline Survey (SBS) and Social Impact Assessment (SIA) for FMU 15 & 16 between February and April There are 26 villages identified in the FMP and the SIA has identified 16 out of 27 villages at the fringes of FMU 15 and 16 and located approximately within 2 km from the FMU boundaries. The 26 villages identified are Kg. Masaum, Kg. Mangkuwagu, Kg. Alitang, Kg. Pinangah, Kg. Inusan, Kg. Malikop, Kg. Dewara, Kg. Soguon, Kg. Tampasak, Kg. Purutawoi, Kg. Talibu, Kg. Kuala Tongod, Kg. Kg. Imbak, Kg. Bangkulat, Kg. Kuala Karamuak, Kg. Karamuak Dalam, Kg. Tenaga Baru, Kg. Langga, Kg. Inarad 1, Kg. Inarad 2, Kg. Kg. Tudungin, Kg. Kawayoi and Kg. Tambunan 2. Most of the ethnic are from the Kadazandusun group. Almost all villages have a necessary infrastructure and accessible by land and water. Electricity is supplied to the communities by generator sets, which have been distributed by the Government of Sabah. RBJ has started a village rehabilitation project, which consists of surveying with the intention to gazette existing villages into village reserves and to curb illegal activities such as encroachment, wildlife hunting and forest conversion exercises. Scope of Assessment The scope of the evaluation is to verify compliance of Rakyat Berjaya Sdn. Bhd. (Beta Bumi Sdn Bhd) with the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU 16. The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 01 st January 2015 (FDS-TLAS-002). Site evaluation to verify and report the level of compliance by Rakyat Berjaya Sdn. Bhd. and Beta Bumi Sdn Bhd. To the standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that the indicators consist of none or only minor gaps against any applicable criteria of the standard. Non-compliance to the Sabah Legality Standard occurs when the auditee does not demonstrate adequate compliance to a criterion. Itinerary of Assessment Date 16 July 2018 Monday 17 July 2018 Tuesday 18 July 2018 Wednesday 19 July 2018 Thursday 20 July 2018 Friday Activity Travelling from Sandakan to Tongod Telupid. Opening meeting at Beta Bumi Base Camp and field visit to C1 and C2 campsites, Riparian Reserves, Coupe Boundary, Planted Area at C2 6compt C6 and C7), Silviculture treatment area at C6 (climber cutting) and nursery chemical store at C1. Field visit at Stumping A, log sampling at Stumping A and documentation at PPD Tongod. Document review and closing meeting at PPD Tongod. Travelling back to Sandakan 3

4 Major Gaps = 2; Minor Gaps =1; Observation = 1) Highlights of Assessment Rakyat Berjaya Sdn. Bhd. / Beta Bumi Sdn. Bhd. has not complied with the Sabah Legality Standard (FDS-TLAS-002) as non-compliance was identified during the assessment on Summary of status of operations by Principle: Principle 1. Yayasan Sabah (RBJ) Signed License Agreement: SFMLA 09/1997; expires on 10 September 2097 that includes FMU 16. The land use classification identifies a total area of 20,151 ha of which 15,940 ha that is allocated for Mosaic design that integrates with natural forest management and forest plantation and 4,211 ha is for Natural Forest Management. Within the Mosaic area 7,970 ha is identified for intensive forest rehabilitation. 17 Jul 2018: Observation Checklist The total area under coupe permits (15,462.11ha) is less than the 20,151ha listed in the land use classification for Mosaic and NFM. RBJ submits a sub-forest Management Plan (also defined as Plantation Development Plan) to the Forestry Department of Sabah (FDS) about the project area. The plan outlined the development and implementation plan for the project area of 10 years (April 2013 March 2023). Beta Bumi Sdn. Bhd. (a subsidiary company of Maxland Sdn. Bhd.) was appointed by RBJ as the contractor to undertake the task of developing the project. There were 2 approved EIAs for the project area and the Annual Work Plan was approved by FDS. Principle 2. Beta Bumi as a registered logging contractor has conducted harvesting operations in NFM area at Area A2 (Compartment A23) and salvage logging area at Area C2 (Compartments 13 & 14), which was completed in March ECR reports of the operational area were timely submitted to EPD every 4 months. Findings documented in the ECR reports were in compliance with the environmental standard. Compliance Report for AWP 2017 was submitted to FDS headquarters. Beta Bumi has an approved AWP 2018 by FDS for activities to be carried out in the licensed area (Ref. #: JPHTN/SFM 800-1/1/7/7 (Jilid 2) 16 dated 14 th March th Jul 2017: GAP 013/2017 (Minor) Checklist Beta Bumi has a long-term agreement with RBJ, thus, permanent infrastructure should have been constructed to control and prevent environmental impact. Inadequate implementation of environmental mitigation measures as stipulated in the approved EIA report was observed during the site visit to contractors campsite. 18 Jul 2018: GAP 013/2017 (Minor) - Outstanding No action has been taken to collect the spillages at diesel depot and workshop and treat as a scheduled waste at C1 and no segregation of waste observed in the rubbish bin at C2. 17 July 2018: Gap 014/2018 (Major) - Checklist No Quarterly Logging Progress Report was provided during the audit. RBJ carries out forest security and patrolling activity within the licensed area on a monthly basis. Record of monitoring is maintained with no illegal activities were reported. Transportation of logs from landing to Stumping A accompanied with FD s Transit Pass, Check Scaling (CS) and company s Delivery note (DN). Each transit pass document was stamped with Sabah TLAS Compliance. The transportation of logs was carried out during the stipulated time between 7.00am to 7.00pm. 4

5 Highlights of Assessment 2 fire extinguishers in the office and workers quarters are in good condition with valid expiry dates. Observation Checklist Addressed. Principle 3. Scaling for royalty assessment and payment is conducted at Stumping A. FDS documents such as TDP and Removal Passes were stamped with Sabah TLAS Compliant stamp to accompany every logs transported to the mills or for export. 18 th July 2018: Gap 015/2018 (Major) - Checklist Beta Bumi has yet to provide a complete set of scaling records; royalty payments / receipts and other fees payable in respect to the estimated 20,479 logs and 66, m3 from July 2017 July Principle 4. No communities were identified as dependent in the licensed area. Results: (Compliance = 13; Non-Compliance = 2) Gap raised against indicators & criteria during July 2018 assessment. GAP Type Checklist Description 014/2018 Major No Quarterly Logging Progress Report was provided during the audit. 015/2018 Major Beta Bumi has yet to provide a complete set of scaling records; royalty payments / receipts and other fees payable in respect to the estimated 20,479 logs and 66, m3 from July 2017 July Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out 013/2017 Minor Outstanding July 2017: Beta Bumi has a long-term agreement with RBJ, thus, permanent infrastructures should have been constructed to control and prevent environmental impact. Inadequate implementation of the relevant environmental mitigation measures as stipulated in the approved EIA report was observed during the site visit to contractors campsite. July 2018: No action has been taken to collect the spillages at diesel depot and workshop and treat as a scheduled waste at C1 and no segregation of waste observed in the rubbish bin at C2. Highlights of Close Out Visit (if applicable) Dates Gap 014/2018 (Major) Checklist and Gap 015/2018 (Major) Checklist need to be completed within 2 months by November 2018 / before restarting the logging operations. Obs Checklist Description The total area under coupe permit (15, ha) is less than the 20,151 ha listed in land use classification for Mosaic & NFM. 5

6 Recommendations Rakyat Berjaya Sdn. Bhd. / Beta Bumi Sdn. Bhd. has not demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) for its designated area and is not eligible to receive a GFS Audit Statement or STCC from FDS. The Major Gap shall be addressed within two months by November 2018 and before restarting the logging operations. Gaps/observations identified in this assessment should be addressed before the next surveillance visit. Action required to close the gaps/observations include: Gap 013/2017 (Minor) outstanding Checklist 2.1.3: To implement environmental mitigation in respect to prevention and containment oil spillage, scheduled waste and general waste as stipulated in the approved EIA report for both areas C1 and C2. Gap 014/2018 (Major) - Checklist 2.2.5: Quarterly Logging Progress Reports needs to be maintained by Beta Bumi for verification during the assessment. The company needs to provide evidence of the Quarterly Logging progress reports for 2017 and Gap 015/2018 (Major) - Checklist 3.1.2: Beta Bumi must provide a complete set of scaling records and royalty payments / receipts and other fees paid in respect to logs and volume extracted from July 2017 July Observation Checklist 1.1.1: To review coupe permit relevant to land use area. The next surveillance audit will be scheduled in July End of Summary Report 6